Meet a new part of Joel’s team!

Posted by Debbie Rosenbaum

As HLS students graduate, we continue to build new teams to help us defend Joel in both the court of law as well as the court of public opinion.  Although Joel, Debbie, and Professor Nesson remain central to Joel’s core team, we are pleased to offer the opportunity to work on such an important case in the legal history of copyright.

Check out Phil Hill’s guest blog post “Working as a 0L at HLS – Phillip Hill” posted on HLS in Focus: The Official JD Admissions Blog at Harvard Law School.

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Cross-posted from HLS in Focus: The Official JD Admissions Blog at Harvard Law School.

Guest blogger Phillip Hill will be starting at HLS this fall as a member of the class of 2013.

School has not even started yet and I am already awestruck by the opportunities I have been afforded here at Harvard. Despite being a lowly 0L, I have had the privilege of working one-on-one with the very professor who inspired me to give up a successful career in the music industry in order to pursue law. While some days I miss the recording studio, the profile and import of the work we are doing as well as the congenial atmosphere on campus reminds me everyday that I have made the right decision.

I had been working in the music business for about 7 years as an audio engineer/producer when I decided that I needed to pursue law. I always had a fascination with the music business that encompassed both “the music” and “the business” but, like many of us, it wasn’t until I read about the RIAA v. Joel Tenenbaum case that I realized there was a serious legal front in the battle for the future of the music industry. Until then, the majority of legal issues I knew about dealt with payola, fair use in hip hop and political campaigns, and contract disputes over brown M&Ms—all interesting cases that nevertheless existed within the established and particularized framework of the music industry.

The Tenenbaum case was different because, for the first time, the consumer was on trial. It was a music fan like me and my friends and the artists I worked with in the studio. This type of case would determine how the industry copes with the realities created by the internet, how a new generation of artists and fans interact. I saw that, for the first time, a legal question had the ability to revolutionize the entire culture of commercial music and I felt compelled to help sort it all out.

At the center of all the action was a Harvard professor named Charles Nesson (sometimes referred to as Eon, the Dean of Cyberspace). His role in defending filesharers was the primary reason why I decided to take a shot at Harvard Law School—hoping that one day I might be able to assist him in his endeavors. Little did I know that my opportunity would come sooner rather than later.

I made plans to move up to Cambridge at the end of May and began looking for summer employment. On the Harvard Administrative Updates Blog, there was a non-descript job posting that simply said:

Jobs: Student Research Assistant: Professor Nesson is looking for a student research assistant to do a legislative history of 17 U.S.C. 402 (d). If you are interested in this opportunity, please email…as soon as possible.

I had no idea what 17 U.S.C. § 402(d) was, at least not by that name. But there he was—the professor I had been reading about since 2005 with an opening for a research assistant. While I did not reserve much hope for a successful outcome, I thought that if nothing else I could introduce myself and maybe someday—in a year or two when I had more legal studies under my belt—he might remember me and consider me more seriously for a position. To my great surprise he hired me in April.

I still had another month before relocating to Cambridge. Until then I was working from Texas conducting legal research on the “innocent infringer defense” for Maverick Recording Company v. Whitney Harper—the infamous case of the teenage cheerleader who was sued by the RIAA. She was perhaps the most viscerally shocking target of the litigation campaign, so I was thrilled to aid in her defense.

I was juggling a full-time job as well as my freelance career. I also co-own an FTP mixing service called FixYourMix.com, so my days were very full trying to learn how to navigate Lexis and become familiar enough with the relevant legal history to put together a useful idea. I prefer to be busy though and I considered it good practice for the rigors of law school.

We communicated primarily by e-mail for that month during which I composed numerous overly long e-mails detailing previous cases of innocent infringement and cases that defined access and notice with regard to § 402 (d). While it was a lot of trial by fire, I felt reasonably confident providing raw research knowing that a Harvard professor was culling it for the useful bits. But one day, Professor Nesson asked me to draft a petition for certiorari to the Supreme Court for the case.

I had never seen such a document, but I was honored that he asked. I put forth my best effort and learned very quickly not to be afraid of sharing my works-in-progress. In the final version, I was overjoyed to see that much of my draft, including my main argument regarding the difference between the Harper decision and DC Comics v. Mini Gift Shop, were preserved and submitted for the Court’s consideration.

I felt like I had contributed to the cause and Professor Nesson told me as much when I finally arrived in Cambridge. He invited me over to his beautiful home for coffee one morning and we hashed out our thoughts on the case and the overall RIAA/copyright industry litigation campaign. He recommended local restaurants, neighborhoods, and sights and made the obligatory warnings about winters in Massachusetts. He invited me back the next day for Sunday brunch and a small pool party. It was without a doubt the greatest welcome I could have received—to be greeted so graciously in my new city by the luminary who inspired me to pursue law in the first place.

Our work has continued through the summer as we gather support for the petition. We still do a great deal of communication via e-mail and telephone while we organize amicus briefs and cultivate public support. I have been in contact with media outlets, organizations, and academics all over the country on his behalf. I even organized and participated in a Skype interview with an international media outlet. Now that the case has finally been docketed, we are redoubling our efforts.

I could not possibly have asked for a better experience than the one I have had so far this summer. Based on the opportunities I’ve had as a 0L, I am positively ecstatic over the new ones I’ll discover over the next three years. My objectives have always been a little esoteric and lofty, but I can’t imagine a better place to explore and endeavor toward them. I feel as though Harvard has welcomed me with open arms and, as the rest of the class of 2013 trickles in over the next few weeks, I am sure you all will as well.

– Phil